Fillable Form Special Power of Attorney

What is a Special Power of Attorney?

A Special Power of Attorney or also referred to as a Limited Power of Attorney is a legal document that allows a person called the principal to grant or authorize another person, known as the agent, special powers to manage particular legal and financial affairs on your behalf.

A special power of attorney’s acts is enumerated in the document. This means that the contractual duties of the agent are only determined by the provisions of the agreement between them. In most cases, the agent is tasked with managing and keeping the principal’s money. That’s why the principal must select an agent based on their integrity, ability, credibility, and skills.

Being an agent is a fiduciary duty. Hence, an agent must be diligent, has good conduct, be obedient, honest, and loyal. Should the agent breach their duties or exceeds their authority in the document, they are liable for any losses or damages caused to the principal.

In some instances, the principal may allow the agent to appoint a sub-agent substitute in case the agent needs help in performing their duties in the contract.

A person at a legal age or at least 18 years old is allowed to draft a special power of attorney. The person must also be of sound mind and can enter into such contracts. A special power of attorney is useful in the following circumstances:

• Authorizing a trusted person to act on your behalf if you are absent in the country or incapacitated;
• The principal is currently in a community care facility, and they need help in managing financial affairs;
• The principal is getting older, has limited mobility, or health is already declining; and
• The principal is moving or traveling abroad.

There are some key differences between a general power of attorney and special power of attorney. A special power of attorney authorizes the agent for a specified or limited set of actions under restricted circumstances. Whereas a general power of attorney is broader and authorizes the agent the legal right to make all decisions on behalf of the principal.

Some acts under a special power of attorney include buying or selling homes, withdrawing money from a bank account, or making business transactions. Acts under a general power of attorney may include bill payments, donations to charities, real estate management, purchasing life insurance policies, or filing of tax returns.

Other types of special powers of attorney include the Springing Power of Attorney and the Medical Power of Attorney. A Springing Power of Attorney is a document that becomes effective in a specific event in the future that would render the principal unable to act on his own.

The Medical Power of Attorney, on the other hand, is when the agent is authorized to make crucial medical decisions on behalf of the principal. This contract becomes effective immediately upon the physician’s consent.

Take note that the Special Power of Attorney ceases to be effective when the principal dies or becomes incapacitated. In such cases, this document can be made into a Durable Power of Attorney.

A Durable Power of Attorney is a legal document authorizing the agent to continue acting on behalf of the principal despite the incapacity or death of the principal. The agent still has the power to act and make decisions on behalf of the principal even if the latter died. But if the principal did not execute a durable power of attorney, the court shall impose a conservatorship or a guardianship to act on their behalf.

Given this situation, the special power of attorney will be void and the principal’s last will and testament shall be taken precedence.

You may download a PDF copy of a Special Power of Attorney Template from websites that offer document templates. But you may electronically fill it out on PDFRun for your convenience.

How to fill out a Special Power of Attorney?

Provide all the necessary information in the Special Power of Attorney Form. Make sure that everything you enter is true, accurate, and correct.

District

Enter the district.

Name and Residence of Agents

Enter the names and residences of the agents.

This paragraph states that the undersigned authorizes any of the agents as attorney in fact for the undersigned with the full power of substitution, to attend the meeting of creditors of the debtor or any adjournment of the meeting, and to vote in their behalf on any question that may be lawfully submitted to creditors at such meeting or adjourned meeting, and for a trustee or trustees of the estate of the debtor.

Dated

Enter the date the Special Power of Attorney is executed.

Signature

Affix your signature.

Title

Enter your title.

If appropriate, By

Enter the full legal name of the witness.

Address

Enter the witness’s address.

Date

Enter the date acknowledged if it is executed by an individual.

Date

Enter the date acknowledged if it is executed on behalf of a partnership.

Name of Member of the Partnership

Enter the full legal name of the partner.

Pronouns

Enter the member’s pronouns. If the member is a male, enter “He.” If the member is a female, enter “She.”

Date

Enter the date acknowledged if it is executed on behalf of a corporation.

Name of the Member of the Corporation

Enter the full legal name of the member of the corporation.

Position

Enter the member’s position.

Signature

Affix your signature.

Frequently Asked Questions About a Special Power of Attorney

How to file a Special Power of Attorney?

Read the Special Power of Attorney Form carefully before signing it. The principal and the agent must provide all necessary credentials in this contract.

Although not required, it is highly recommended to have it acknowledged before a notary public and witnesses to make the document authentic and that it was not signed under coercion or due influence. The principal must also present a proof of identification bearing their signature and photograph.

Once the document has been signed and notarized, give copies of the document that bear all signatures to the witnesses and the agents.

Can I make my own special power of attorney?

Yes, you can make your own special power of attorney. You will need to include the following information in your document:

• The name of the person you are appointing as your attorney-in-fact;
• The date of the document;
• Your signature; and
• The signature of a witness.

When you make a special power of attorney, you can tailor it to fit your specific needs. For example, you can give your attorney-in-fact authority to make financial decisions on your behalf, or you can give them authority to make medical decisions for you if you are unable to do so yourself.

It is important to choose someone you trust as your attorney-in-fact. This person will have a great deal of responsibility, so you should make sure that they are up to the task. You should also regularly update your power of attorney in case your circumstances change.

Here are some tips when making your own special power of attorney:

• Appoint someone you trust — This person will have a great deal of responsibility, so you should make sure that they are up to the task.
• Make it specific — Be clear about what authority you are giving to your attorney-in-fact.
• Keep it up to date — Your power of attorney should be regularly updated in case your circumstances change.
• Have it witnessed — Your document should be signed by you and a witness.
• Keep a copy for yourself — Make sure you keep a copy of the document for your records.
• Get professional help — If you have any questions, it is best to seek professional legal advice.
• Appoint more than one attorney-in-fact — You can appoint more than one person to act as your attorney-in-fact. This can be helpful if you have different areas of responsibility that you want them to handle.

Making your own special power of attorney can be a good way to tailor it to fit your specific needs. However, it is important to choose someone you trust and to keep the document up to date. If you have any questions, it is best to seek professional legal advice.

What should a special power of attorney have?

A special power of attorney should be narrowly tailored to the specific tasks that the agent is being asked to perform. The document should also clearly state the nature and scope of the authority being granted, as well as any limitations on that authority. Finally, the special power of attorney should be signed by both the principal and the agent.

In general, these are the elements that should be included in a special power of attorney:

• The name and address of the principal
• The name and address of the agent
• A statement authorizing the agent to perform certain specified tasks on behalf of the principal
• A description of the authority being granted to the agent, including any limitations on that authority
• The signature of the principal
• The signature of the agent
• The date on which the special power of attorney is executed

The document should be as specific as possible about the tasks that the agent is authorized to perform. For example, if the principal wants the agent to have authority to sign contracts on their behalf, the special power of attorney should specifically state that the agent has this authority. If there are any limitations on the agent's authority, those should be clearly stated as well. For instance, the principal may want to limit the agent's authority to sign contracts that are under a certain dollar amount.

It is important to note that a special power of attorney can be revoked by the principal at any time and for any reason. If the principal wants to revoke the special power of attorney, they should send written notice of revocation to the agent and all parties with whom the agent has done business on the principal's behalf. The revocation should be in writing and signed by the principal. After receiving notice of revocation, the agent is no longer authorized to act on the principal's behalf.

The best way to ensure that a special power of attorney is properly executed is to have it prepared by an experienced attorney. An attorney can help tailor the special power of attorney to the specific needs of the principal and make sure that all necessary elements are included. Additionally, an attorney can provide guidance on how to revoke the special power of attorney if necessary.

Why is a special power of attorney important?

A special power of attorney is important in many different legal situations. For example, if you need someone to handle your finances while you are out of the country, you would give them a special power of attorney. This document would allow them to access your bank accounts, sign checks on your behalf, and make other financial decisions for you.

In another example, let's say that you are going to be undergoing surgery and will be unable to make medical decisions for yourself. You could give a family member or close friend a special power of attorney that would allow them to make those decisions for you. This could include things like giving consent for surgery or other medical procedures, authorizing the release of medical records, or making decisions about your care if you are unable to do so yourself.

A special power of attorney can be very helpful in a variety of situations. If you have any questions about whether or not one would be right for your needs, you should speak with an experienced attorney who can advise you.

Who uses a special power of attorney?

A special power of attorney is often used in business settings, allowing someone else to temporarily handle important tasks or responsibilities on another person's behalf. This can be helpful when the person who needs assistance is out of the office or otherwise unable to handle the matter themselves.

Special powers of attorney can also be used in personal situations, such as when someone is unable to make medical decisions for themselves or manage their finances. In these cases, a trusted friend or family member can be given the authority to act on the individual's behalf. It's important to note that a special power of attorney is different from a general power of attorney, which gives someone more broad authority to handle another person's affairs.

When drafting a special power of attorney, it's important to be specific about the tasks or decisions that the agent will be able to handle. This will help ensure that the agent only has the authority to act on matters that are specifically covered by the document.

Do you need a lawyer to create a special power of attorney?

You are not required to have a lawyer to create a special power of attorney, but it can be helpful to consult with one to ensure that the document is properly drafted and executed. A lawyer can also help explain the legal implications of giving someone else authority to act on your behalf.

Who can execute a special power of attorney?

A special power of attorney can be executed by any person who is of sound mind and capable of making decisions for themselves. This includes people who are 18 years of age or older, as well as those who are mentally competent but under the age of 18. A person can also appoint someone else to act on their behalf if they become incapacitated and unable to make decisions for themselves.

What is the difference between a power of attorney and special power of attorney?

A power of attorney is a legal document that authorizes someone to act on your behalf. A special power of attorney is a specific type of power of attorney that authorizes someone to take specific actions on your behalf. These actions might include selling a piece of property, signing a contract, or making financial decisions.

You might choose to give someone special power of attorney if you're going to be out of the country for an extended period of time and need someone to handle your affairs in your absence. Or, you might use a special power of attorney if you have a medical condition that prevents you from being able to make decisions for yourself.

Special power of attorney can be very broad or quite specific, depending on your needs. You'll need to decide what kinds of decisions you want the person acting on your behalf to be able to make. Then, you'll need to put those instructions in writing so there's no confusion about what they are authorized to do.

Giving someone special power of attorney is a big responsibility. You need to be sure that you trust the person you're appointing to act in your best interests. You should also have a clear understanding of what they'll be able to do on your behalf before you sign any documents.

If you have any questions about a special power of attorney or any other legal matters, it's always best to consult with an attorney. They can help you understand the law and your rights, and make sure that everything is done correctly.

What are the types of power of attorney?

There are three types of power of attorney: general, limited, and special.

A general power of attorney gives the agent broad powers to handle the principal's affairs. The agent can do anything that the principal can do except make decisions regarding the principal's health care or mental health care.

A limited power of attorney is more narrow in scope than a general power of attorney. It allows the agent to handle only specific tasks that are outlined in the document. For example, a limited power of attorney may be used to allow someone to sign documents on your behalf while you are out of the country.

A special power of attorney is even more narrowly focused than a limited power of attorney. It allows the agent to handle a specific task or transaction. For example, a special power of attorney may be used to sell a specific piece of property.

As you can see, there are three different types of power of attorney, each with its own specific purpose. It's important to choose the right type of power of attorney for your needs. If you have any questions, you should consult an experienced attorney.

How long is the validity of special power of attorney?

A special power of attorney is generally valid depending on what is stated in the document. If there is no expiration date, then the special power of attorney is valid until it is revoked by the principal. However, if the special power of attorney states that it expires on a certain date or event, then it is only valid until that date or event occurs.

Moreover, a special power of attorney may be automatically revoked under certain circumstances, such as if the principal becomes incapacitated or dies. Therefore, it is important to consult with an attorney to discuss the specific terms and conditions of your special power of attorney to ensure that it remains valid.

Who is the principal in a special power of attorney?

A special power of attorney is a legal document that gives someone else the authority to act on your behalf in a specific situation. The person you appoint is called your "agent" or "attorney-in-fact."

You can give your agent authority to do almost anything that you could do yourself, except for things that are illegal or that would require a court order. For example, you could give your agent the authority to sign documents, make financial decisions, or even get medical treatment on your behalf.

The principal in a special power of attorney is the person who appoints the agent. The principal must be 18 years old or older and have the mental capacity to understand what they are doing.

When appointing an agent, the principal should choose someone they trust to act in their best interests. It's important to communicate clearly with the agent about what authority they have and what the principal expects them to do. The agent is legally obligated to follow the principal's instructions.

A special power of attorney can be revoked at any time by the principal, as long as they have the mental capacity to do so. The revocation must be in writing and it must be communicated to the agent. Once the revocation is effective, the agent no longer has any

What is the difference between SPA and GPA?

An SPA or Special Power of Attorney is a durable power of attorney that is usually used in business settings. It gives the person named in the SPA the authority to make decisions and take actions on behalf of the company, without needing to consult with or get approval from anyone else. For personal affairs, a General Power of Attorney (GPA) may be more appropriate.

A GPA or General Power of Attorney is a more general document that can be used for any type of situation where you need to give someone else the authority to act on your behalf. This could be for financial matters, legal matters, or even personal matters.

The main difference between an SPA and a GPA is that an SPA is more specific and limited in scope, while a GPA is more general and can be used for a variety of purposes.

These days, it's not uncommon for people to have both an SPA and a GPA. This way, they can have someone specific who is authorized to handle business affairs and someone else who can handle other matters as needed.

No matter which type of power of attorney you need, it's important to make sure that the person you name is someone you trust implicitly. This person will have a great deal of authority and responsibility, so you need to be confident that they will act in your best interests at all times.

Does power of attorney need to be notarized?

For a power of attorney to be legally binding, it must be notarized by a notary public. This is to prevent fraud and ensure that the person signing the document is who they say they are. Without notarization, a power of attorney is simply a piece of paper and is not legally binding.

If you need to have a power of attorney notarized, you can usually go to your local bank or post office, as they will usually have a notary on staff. You will need to bring a valid form of identification, such as a driver's license, passport, or state ID card. The notary will then witness you signing the document and will stamp or seal it to indicate that it is now legal and binding.

How do I notarize a power of attorney?

To notarize a power of attorney, you must first provide the required information and documentation to the notary public. The notary will then review the documents, ask you questions to ensure that you understand the document and your signature, and witness your signature. Finally, the notary will complete and sign the certificate of acknowledgment or jurat.

Can a power of attorney be canceled?

Yes, a power of attorney can be canceled at any time by the person who created it (the "principal"). To do so, the principal must notify the person named as their agent (the "attorney-in-fact") in writing that the power of attorney is revoked. The principal should also give written notice of the revocation to anyone who might reasonably rely on the power of attorney, such as banks or other financial institutions. Once a power of attorney is revoked, it is no longer valid and the agent can no longer act on behalf of the principal.

What is the difference between a power of attorney and lasting power of attorney?

A power of attorney is a legal document that gives someone else the authority to make decisions on your behalf. A lasting power of attorney (LPA) is a type of power of attorney that remains in effect even if you become incapacitated. An LPA can be used to give someone authority over your financial affairs, property, and healthcare.

There are two types of LPAs: one for financial decisions and one for healthcare decisions. You can choose to have both types of LPAs, or just one.

A power of attorney can be revoked at any time, while an LPA can only be revoked under specific circumstances.

If you become incapacitated and do not have an LPA in place, your family will need to go to court to get the authority to make decisions on your behalf. This process is called guardianship or conservatorship. It can be costly and time-consuming, and it may not end up giving your family the authority you would want them to have. Having an LPA in place ahead of time can avoid this situation.

It’s important to note that a power of attorney does not give the person authority over your life, only your affairs. For example, they can’t make decisions about where you live or whether you receive medical treatment.

Related Articles:

• Special Power of Attorney Definition
• What Is a Power of Attorney
• 4 Types of Power of Attorney: What You Should Know
• Frequently Asked Questions About General Powers of Attorney